ESA OVERPAYMENT help urgent!

silvercat27

pmlindyloo wrote: »

The £22 a week he is paying back is to take into account the fact that he has more than £6000 in savings now.

As soon as you have more than £6000 in savings they take off £1 for every £250 over the £6000 so his current ESA payment is now correct.

They are looking at what he owes from previously when he had more than £6000 in savings. This means that he has been overpaid his benefit. They should have been reducing his ESA to take into account his savings.

To work out how much he owes they need to look at his bank statements (possibly since he began claiming ESA)

Once they have worked out how much he owes then a Decision Maker decides whether he has to pay it back. The decision maker may decide that because of his LD the overpayment can be 'written off' or the Decision Maker can decide that he has to pay it back. They can take the money off his future ESA payments ( a small amount at a time - called a repayment plan) or he could pay it back from his savings.

That is why it can take a long time - they have to work out how much he owes (which is why he needs to send the bank statements) and then it has to go to a Decision Maker.

If he has to pay it back then he can appeal - Citizens advice can help him do this.

Does your friend have any kind of support? Family? A support worker? Anyone?

He had to sign a form because he only took one bank statement, they said they will obtain bank account and get statements? Surly this shouldn't take months though ?
He will pay it back does anyone know roughly how much he would have to pay back, I assume the contributions base is not affected just the IR of 70 a week so would he have to pay back £70 for every week back over the last four years??

NYM

Who was with him at the interview?

Alice_Walker

Alice_Walker wrote: »

Presumably he had a means tested element to his incapacity benefit, who completed the paperwork for this? Has he never had a benefit review form, which would ask for details of capital, property ownership etc?

You don't appear to have addressed this - who has helped him with the various paperwork over the years of his claim? ESA and IB. Over the period of his claims he would have been asked about capital several times.

silvercat27

Alice_Walker wrote: »

You don't appear to have addressed this - who has helped him with the various paperwork over the years of his claim? ESA and IB. Over the period of his claims he would have been asked about capital several times.

I have no idea I'm not mystic meg :T

Alice_Walker

silvercat27 wrote: »

I have no idea I'm not mystic meg :T

This information is key to his situation. You're claiming he could not have reasonably known about the lower capital threshold, but now you're saying you don't really know.

If you want to help your friend you need to be in receipt of all the facts, not just those that suit your viewpoint.

Gigervamp

I suspect the £22 a week is not a repayment for what he's been overpaid, but rather the amount they've dropped his ESA now that they know about the savings.
They haven't finished investigating, but when they do, they then will let him know how much he needs to repay and organise a repayment plan.

I strongly suggest (as others have) that he goes to CAB for help. Their benefits advisors will know what to do. I'm afraid you seem to be out of your depth OP, so if you want to help him, get him an appointment at CAB.

silvercat27

Celifein wrote: »

I agree. IIRC, your payment reduces by £1 for every £250 over £6000. So if he had £11000, his payment would be reduced by (11000-6000)/250 = £20, so he probably has around £11500 in savings for the reduction of £22.



Did the letter say they were taking a repayment toward the overpayment? Or did it say his benefits were being reduced due to his savings?

I mentioned in a previous post, they've already started to deduct money, hence funds he has in the bank now, but nothing about the overpayment said it can take several months, not sure why it takes several months he has server MH and not coping well to put him under more undue stress is disgusting surly they should take on he had MH and LD and it's causing him huge anxietys

silvercat27

Gigervamp wrote: »

I suspect the £22 a week is not a repayment for what he's been overpaid, but rather the amount they've dropped his ESA now that they know about the savings.
They haven't finished investigating, but when they do, they then will let him know how much he needs to repay and organise a repayment plan.

I strongly suggest (as others have) that he goes to CAB for help. Their benefits advisors will know what to do. I'm afraid you seem to be out of your depth OP, so if you want to help him, get him an appointment at CAB.

For one I'm not out of depth, secondly he's been to the CAB with his relative they said he will just have too wait, but why does he have to wait several months for them to calculate or see wether he owes anything, he's willing to pay back, it's an oversight surly this happens allot too people with LD and MH

paragon909

silvercat27 wrote: »

For one I'm not out of depth, secondly he's been to the CAB with his relative they said he will just have too wait, but why does he have to wait several months for them to calculate or see wether he owes anything, he's willing to pay back, it's an oversight surly this happens allot too people with LD and MH

It takes months because it will be dealt with a benefit delivery centre and they won't just have your friend case to deal with... Hence why they need years worth of bank statements to calculate against the benefit received so they can work out how much needs to be repayed and if a civil fine will be applied which is £50.

DWP will refer the case to debt management who will contact the claimant and start making repayments.

Once DWP work out how much needs to be repayed, Then you can start appeal process if you don't agree. And not before.

marliepanda

silvercat27 wrote: »

I mentioned in a previous post, they've already started to deduct money, hence funds he has in the bank now, but nothing about the overpayment said it can take several months, not sure why it takes several months he has server MH and not coping well to put him under more undue stress is disgusting surly they should take on he had MH and LD and it's causing him huge anxietys

They do take on that he has mental health issues. I'm assuming that's why he's getting ESA. However, he's been given too much.

It's a complicated calculation, they have to work out various things to determine the eventual overpayment.

Nothing to stress over. He has 11k to pay off any overpayment of having it reduced from his income stressed him out.